Both sides try to keep it simple in opening arguments in Alabama vote-buying case

Former State Sen. Larry Means of Attalla arrives at the Federal Building in Montgomery, Ala. Thursday, Feb. 9, 2012. Opening arguments were made in the trial where the six defendants are accused of using cash gifts, campaign contributions and access to country music stars to buy and sell votes for pro-gambling legislation. (AP Photo/Dave Martin)

But defense lawyers countered that the alleged crimes only exist in prosecutors' imaginations and the prosecution's case is built around crooks, a con man and ambitious politicians.

Both sides tried to keep it simple as they laid out their cases in opening arguments to jurors on Thursday in the retrial in Alabama's State House corruption case. This was bribery, plain and simple, a prosecutor told jurors. No, there was no crime committed here, defense lawyers argued.

With pictures of the defendants and key players displayed on courtroom monitors, Woods told jurors that the defendants participated in a conspiracy to use bribes -- largely in the form of campaign contributions -- to get the bill approved in the Alabama Senate.

"These defendants thought that votes in Alabama could be bought and sold," Woods said.

The case first went to trial last summer but ended in a mistrial when jurors could not reach a unanimous decision.

McGregor's VictoryLand, which was packed with thousands of electronic bingo machines, profited more than $40 million in a single year, Woods told jurors. But he risked losing his fortune-producing casino as former Gov. Bob Riley tried to shut down the machines arguing the slot machine-look-alikes were illegal.

Senate Bill 380 was aimed at legalizing the bingo machines through a statewide referendum. But Woods said McGregor got desperate when he realized there wouldn't be enough votes to pass the legislation.

"Milton McGregor didn't like to lose .¤.¤. So he cheated. He resorted to bribery and corruption and he didn't do it alone," Woods told jurors.

"Milton McGregor acted in good faith. Milton McGregor followed the rules. Milton McGregor did not cross the line," Espy said.

Defense lawyers told jurors the only criminals in the case were the prosecution witnesses who struck plea deals and agreed to testify in the hopes of getting lesser prison sentences.

"The only people who have offered any bribes are the people that the government has cut deals with," said Bill Baxley, a lawyer representing lobbyist Tom Coker.

Espy disparaged the prosecution's case as being built on "two amigos" -- Republican legislators who wore wires for the FBI -- and "two crooks" -- Country Crossing developer Ronnie Gilley and lobbyist Jarrod Massey. Massey and Gilley pleaded guilty to bribery.

Espy said McGregor first tried to mentor Gilley and didn't realize he was dealing with a con man.

"He's going to come in this courtroom and try to con you," Espy said.

Espy urged jurors to listen carefully to the tapes prosecutors will play, saying they will show no wrongdoing by McGregor.

"They have no direct evidence. They are going to want you to dig in the weeds to find something," Espy said.

Woods told jurors that the case was not about gambling and political decisions.

"It is about buying a vote, pure and simple. Bribery. Corruption." Woods said.

But defense lawyers suggested there was an intriguing political backdrop to the case.

"(Electronic bingo) is legal, and it was legal until the illegal raids of Bob Riley," Espy said.

"The only people Senator Smith turned her back on was the Republican political establishment." Smith lawyer William White said. Smith was once a Republican but was kicked out of the party and won re-election as an independent.

Woods told jurors that Smith acted as a recruiter for the conspiracy and Means was about as "subtle as a freight train" in his demands for campaign contributions.

Defense lawyers for Smith, Preuitt and Means told jurors their clients supported the legislation because they believed in the bill or what it could do for their districts.

"Nobody had more to gain from Senate Bill 380, than Houston County Alabama," White said.

Preuitt attorney Ron Wise said Preuitt voted for the proposal because it had been revised and was "totally different from the first bill." Lawyer Bill Clark said Means might have asked campaign contributions, but he never tied them to any official action.

The jury in the retrial is predominately female just as in the first trial. The panel of 12 jurors plus four alternates consists of 12 women and four men.